Wednesday, November 28, 2012

1776AD Constitution of Pennsylvania

Without doubt, the most famous man associated with this document: Benjamin Franklin (+1790AD)

In constrat with the Constitution of the United States, we find the rather radical and democratic Constitution of Pennsylvania of 1776AD. Here, perhaps more than in any other American constitution, radical democracy was on display. This document is notable for its lack of an upper chamber in its legislature, its wide sufferage, and its lack of a governor. So confident these framers were in the people at large that they saw no need for a Senate or even Governor (executive power is vested in a Council and President).

Well, it failed practically, as such ideas usually do. Still, it makes an interesting read and contrast to what was done elsewhere in the rebellious colonies.

Here is the full text of the 1776AD Constitution of the Commonwealth of Pennsylvania:

WHEREAS all government ought to be instituted and supported for the security
and protection of the community as such, and to enable the individuals who
compose it to enjoy their natural rights, and the other blessings which the
Author of existence has bestowed upon man; and whenever these great ends of
government are not obtained, the people have a right, by common consent to
change it, and take such measures as to them may appear necessary to promote
their safety and happiness. AND WHEREAS the inhabitants o f this commonwealth
have in consideration of protection only, heretofore acknowledged allegiance to
the king of Great Britain; and the said king has not only withdrawn that
protection, but commenced, and still continues to carry on, with unabated
vengeance, a most cruel and unjust war against them, employing therein, not only
the troops of Great Britain, but foreign mercenaries, savages and slaves, for
the avowed purpose of reducing them to a total and abject submission to the
despotic domination of the British parliament, with many other acts of tyranny,
(more fully set forth in the declaration of Congress) whereby all allegiance and
fealty to the said king and his successors, are dissolved and at an end, and all
power and authority derived from him ceased in these colonies. AND WHEREAS it is
absolutely necessary for the welfare and safety of the inhabitants of said
colonies, that they be henceforth free and independent States, and that just,
permanent, and proper forms of government exist in every part of them, derived
from and founded on the authority of the people only, agreeable to the
directions of the honourable American Congress. We, the representatives of the
freemen of Pennsylvania, in general convention met, for the express purpose of
framing such a government, confessing the goodness of the great Governor of the
universe (who alone knows to what degree of earthly happiness mankind mav
attain, by perfecting the arts of government) in permitting the people of this
State, by common consent, and without violence, deliberately to form for
themselves such just rules as they shall think best, for governing their future
society, and being fully convinced, that itis our indispensable duty to
establish such original principles of government, as will best promote the
general happiness of the people of this State, and their posterity, and provide
for future improvements, without partiality for, or prejudice against any
particular class, sect, or denomination of men whatever, do, by virtue of the
authority vested in use by our constituents, ordain, declare, and establish, the
following Declaration of Rights and Frame of Government, to be the CONSTITUTION
of this commonwealth, and to remain in force therein for ever, unaltered, except
in such articles as shall hereafter on experience be found to require
improvement, and which shall by the same authority of the people, fairly
delegated as this frame of government directs, be amended or improved for the
more effectual obtaining and securing the great end and design of all
government, herein before mentioned.

A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH OR STATE
OF PENNSYLVANIA

I. That all men are born equally free and independent, and have certain
natural, inherent and inalienable rights, amongst which are, the enjoying and
defending life and liberty, acquiring, possessing and protecting property, and
pursuing and obtaining happiness and safety.

II. That all men have a natural and unalienable right to worship Almighty God
according to the dictates of their own consciences and understanding: And that
no man ought or of right can be compelled to attend any religious worship, or
erect or support any place of worship, or maintain any ministry, contrary to, or
against, his own free will and consent: Nor can any man, who acknowledges the
being of a God, be justly deprived or abridged of any civil right as a citizen,
on account of his religious sentiments or peculiar mode of religious worship:
And that no authority can or ought to be vested in, or assumed by any power
whatever, that shall in any case interfere with, or in any manner controul, the
right of conscience in the free exercise of religious worship.

III. That the people of this State have the sole, exclusive and inherent
right of governing and regulating the internal police of the same.

IV. That all power being originally inherent in, and consequently derived
from, the people; therefore all officers of government, whether legislative or
executive, are their trustees and servants, and at all times accountable to
them.

V. That government is, or ought to be, instituted for the common benefit,
protection and security of the people, nation or community; and not for the
particular emolument or advantage of any single man, family, or soft of men, who
are a part only of that community, And that the community hath an indubitable,
unalienable and indefeasible right to reform, alter, or abolish government in
such manner as shall be by that community judged most conducive to the public
weal.

VI. That those who are employed in the legislative and executive business of
the State, may be restrained from oppression, the people have a right, at such
periods as they may think proper, to reduce their public officers to a private
station, and supply the vacancies by certain and regular elections.

VII. That all elections ought to be free; and that all free men having a
sufficient evident common interest with, and attachment to the community, have a
right to elect officers, or to be elected into office.

VIII. That every member of society hath a right to be protected in the
enjoyment of life, liberty and property, and therefore is bound to contribute
his proportion towards the expence of that protection, and yield his personal
service when necessary, or an equivalent thereto: But no part of a man's
property can be justly taken from him, or applied to public uses, without his
own consent, or that of his legal representatives: Nor can any man who is
conscientiously scrupulous of bearing arms, be justly compelled thereto, if he
will pay such equivalent, nor are the people bound by any laws, but such as they
have in like manner assented to, for their common good.

IX. That in all prosecutions for criminal offences, a man hath a right to be
heard by himself and his council, to demand the cause and nature of his
accusation, to be confronted with the witnesses, to call for evidence in his
favour, and a speedy public trial, by an impartial jury of the country, without
the unanimous consent of which jury he cannot be found guilty; nor can he be
compelled to give evidence against himself; nor can any man be justly deprived
of his liberty except by the laws of the land, or the judgment of his peers.

X. That the people have a right to hold themselves, their houses, papers, and
possessions free from search and seizure, and therefore warrants without oaths
or affirmations first made, affording a sufficient foundation for them, and
whereby any officer or messenger may be commanded or required to search
suspected places, or to seize any person or persons, his or their property, not
particularly described, are contrary to that right, and ought not to be granted.

XI. That in controversies respecting property, and in suits between man and
man, the parties have a right to trial by jury, which ought to be held sacred.

XII. That the people have a right to freedom of speech, and of writing, and
publishing their sentiments; therefore the freedom of the press ought not to be
restrained.

XIII. That the people have a right to bear arms for the defence of themselves
and the state; and as standing armies in the time of peace are dangerous to
liberty, they ought not to be kept up; And that the military should be kept
under strict subordination to, and governed by, the civil power.

XIV. That a frequent recurrence to fundamental principles, and a firm
adherence to justice, moderation, temperance, industry, and frugality are
absolutely necessary to preserve the blessings of liberty, and keep a government
free: The people ought therefore to pay particular attention to these points in
the choice of officers and representatives, and have a right to exact a due and
constant regard to them, from their legislatures and magistrates, in the making
and executing such laws as are necessary for the good government of the state.

XV. That all men have a natural inherent right to emigrate from one state to
another that will receive them, or to form a new state in vacant countries, or
in such countries as they can purchase, whenever they think that thereby they
may promote their own happiness.

XVI. That the people have a right to assemble together, to consult for their
common good, to instruct their representatives, and to apply to the legislature
for redress of grievances, by address, petition, or remonstrance.

PLAN OR FRAME OF GOVERNMENT FOR THE COMMONWEALTH OR STATE OF
PENNSYLVANIA

SECTION 1. The commonwealth or state of Pennsylvania shall be governed
hereafter by an assembly of the representatives of the freemen of the same, and
a president and council, in manner and form following-

SECT. 2. The supreme legislative power shall be vested in a house of
representatives of the freemen of the commonwealth or state of Pennsylvania.

SECT. 3. The supreme executive power shall be vested in a president and
council.

SECT. 4. Courts of justice shall be established in the city of Philadelphia,
and in every county of this state.

SECT. 5. The freemen of this commonwealth and their sons shall be trained and
armed for its defence under such regulations, restrictions, and exceptions as
the general assembly shall by law direct, preserving always to the people the
right of choosing their colonels and all commissioned officers under that rank,
in such manner and as often as by the said laws shall be directed.

SECT. 6. Every freemen of the full age of twenty-one Years, having resided in
this state for the space of one whole Year next before the day of election for
representatives, and paid public taxes during that time, shall enjoy the right
of an elector: Provided always, that sons of freeholders of the age of
twenty-one years shall be intitled to vote although they have not paid taxes.

SECT. 7. The house of representatives of the freemen of this commonwealth
shall consist of persons most noted for wisdom and virtue, to be chosen by the
freemen of every city and county of this commonwealth respectively. And no
person shall be elected unless he has resided in the city or county for which he
shall be chosen two years immediately before the said election; nor shall any
member, while he continues such, hold any other office, except in the militia.

SECT. 8. No person shall be capable of being elected a member to serve in the
house of representatives of the freemen of this commonwealth more than four
years in seven.

SECT. 9. The members of the house of representatives shall be chosen annually
by ballot, by the freemen of the commonwealth, on the second Tuesday in October
forever, (except this present year,) and shall meet on the fourth Monday of the
same month, and shall be stiled, The general assembly of the representatives of
the freemen of Pennsylvania, and shall have power to choose their speaker, the
treasurer of the state, and their other officers; sit on their own adjournments;
prepare bills and enact them into laws; judge of the elections and
qualifications of their own members; they may expel a member, but not a second
time for the same cause; they may administer oaths or affirmations on
examination of witnesses; redress grievances; impeach state criminals; grant
charters of incorporation; constitute towns, boroughs, cities, and counties; and
shall have all other powers necessary for the legislature of a free state or
commonwealth: But they shall have no power to add to, alter, abolish, or
infringe any part of this constitution.

SECT. 10. A quorum of the house of representatives shall consist of
two-thirds of the whole number of members elected; and having met and chosen
their speaker, shall each of them before they proceed to business take and
subscribe, as well the oath or affirmation of fidelity and allegiance
hereinafter directed, as the following oath or affirmation, viz:

I do swear (or affirm) that as a member of this assembly, I will not propose
or assent to any bill, vote, or resolution, which stall appear to free injurious
to the people; nor do or consent to any act or thing whatever, that shall have a
tendency to lessen or abridge their rights and privileges, as declared in the
constitution of this state; but will in all things conduct myself as a faithful
honest representative and guardian of the people, according to the best of only
judgment and abilities.

And each member, before he takes his seat, shall make and subscribe the
following declaration, viz:

I do believe in one God, the creator and governor of the universe, the
rewarder of the good and the punisher of the wicked. And I do acknowledge the
Scriptures of the Old and New Testament to be given by Divine inspiration.

And no further or other religious test shall ever hereafter be required of
any civil officer or magistrate in this State.

SECT. 11. Delegates to represent this state in congress shall be chosen by
ballot by the future general assembly at their first meeting, and annually
forever afterwards, as long as such representation shall be necessary. Any
delegate may be superseded at any time, by the general assembly appointing
another in his stead. No man shall sit in congress longer than two years
successively, nor be capable of reelection for three Years afterwards: and no
person who holds any office in the gift of the congress shall hereafter be
elected to represent this commonwealth in congress.

SECT. 12. If any city or cities, county or counties shall neglect or refuse
to elect and send representatives to the general assembly, two-thirds of the
members from the cities or counties that do elect and send representatives,
provided they be a majority of the cities and counties of the whole state, when
met, shall have all the powers of the general assembly, as fully and amply as if
the whole were present.

SECT. 13. The doors of the house in which the representatives of the freemen
of this state shall sit in general assembly, shall be and remain open for the
admission of all persons who behave decently, except only when the welfare of
this state may require the doors to be shut.

SECT. 14. The votes and proceedings of the general assembly shall be printed
weekly during their sitting, with the yeas and nays, on any question, vote or
resolution, where any two members require it except when the vote is taken by
ballot; and when the yeas and nays are so taken every member shall have a right
to insert the reasons of his vote upon the minutes, if he desires it.

SECT. 15. To the end that laws before they are enacted may be more maturely
considered, and the inconvenience of hasty determinations as much as possible
prevented, all- bills of public nature shall be printed for the consideration of
the people, before they are read in general assembly the last time for debate
and amendment; and, except on occasions of sudden necessity, shall not be passed
into laws until the next session of assembly; and for the more perfect
satisfaction of the public, the reasons and motives for making such laws shall
be fully and clearly expressed in the preambles.

SECT. 16. The stile of the laws of this commonwealth shall be, " Be it
enacted, and it is hereby enacted by the representatives of the freemen of the
commonwealth of Pennsylvania in general assembly met, and by the authority of
the same." And the general assembly shall affix their seal to every bill, as
soon as it is enacted into a law, which seal shall be kept by the assembly, and
shall be called, The seal of the laws of Pennsylvania, and shall not be used for
any other purpose.

SECT. 17. The city of Philadelphia and each county of this commonwealth
respectively, shall on the first Tuesday of November in this present year, and
on the second Tuesday of October annually for the two next succeeding years,
viz. the year one thousand seven hundred and seventy-seven, and the year one
thousand seven hundred and seventy-eight, choose six persons to represent them
in general assembly. But as representation in proportion to the number of
taxable inhabitants is the only principle which can at all times secure liberty,
and make the voice of a majority of the people the law of the land; therefore
the general assembly shall cause complete lists of the taxable inhabitants in
the city and each county in the commonwealth respectively, to be taken and
returned to them, on or before the last meeting of the assembly elected in the
year one thousand seven hundred and seventy-eight, who shall appoint a
representation to each, in proportion to the number of taxables in such returns;
which representation shall continue for the next seven years afterwards at the
end of which, a new return of the taxable inhabitants shall be made, and a
representation agreeable thereto appointed by the said assembly, and so on
septennially forever. The wages of-the representatives in general assembly, and
all other state charges shall be paid out of the state treasury.

SECT. 18. In order that the freemen of this commonwealth may enjoy the
benefit of election as equally as may be until the representation shall
commences as directed in the foregoing section, each county at its own choice
may be divided into districts, hold elections therein, and elect their
representatives in the county, and their other elective officers, as shall be
hereafter regulated by the general assembly of this state. And no inhabitant of
this state shall have more than one annual vote at the general election for
representatives in assembly.

SECT. 19. For the present the supreme. executive council of this state shall
consist of twelve persons chosen in the follow-in" manner: The freemen of the
city of Philadelphia, and of the counties of Philadelphia, Chester, and Bucks,
respectively, shall choose by ballot one person for the city, and one for each
county aforesaid to serve for three years and no longer, at the time and place
for electing representatives in general assembly. The freemen of the counties of
Lancaster, York, Cumberland, and Berks, shall, in like manner elect one person
for each county respectively, to serve as counsellors for two years and no
longer. And the counties of Northampton, Bedford, Northumberland and
Westmoreland, respectively, shall, in like manner, elect one person for each
county, to serve as counsellors for one year, and no longer. And at the
expiration of the time for which each counsellor was chosen to serve, the
freemen of the city of Philadelphia, and of the several counties in this state,
respectively, shall elect one person to serve as counsellor for three years and
no longer; and so on every third year forever. By this mode of election and
continual rotation, more men will be trained to public business, there will in
every subsequent year be found in the council a number of persons acquainted
with the proceedings of the foregoing Years, whereby the business will be more
consistently conducted, and moreover the danger of establishing an inconvenient
aristocracy will be effectually prevented. All vacancies in the council that may
happen by death, resignation, or otherwise, shall be filled at the next general
election for representatives in general assembly, unless a particular election
for that purpose shall be sooner appointed by the president and council. No
member of the general assembly or delegate in congress, shall be chosen a member
of the council. The president and vice-president shall be chosen annually by the
joint ballot of the general assembly and council, of the members of the council.
Any person having served as a counsellor for three successive years, shall be
incapable of holding that office for four years afterwards. Every member of the
council shall be a justice of the peace for the whole eommon~vealth, by virtue
of his office.

In case new additional counties shall hereafter be erected in this state,
such county or counties shall elect a counsellor, and such county or counties
shall be annexed to the next neighbouring counties, and shall take rotation with
such counties.

The council shall meet annually, at the same time and place with the general
assembly.

The treasurer of the state, trustees of the loan office, naval officers,
collectors of customs or excise, judge of the admirality, attornies general,
sheriffs, and prothonotaries, shall not be capable of a seat in the general
assembly, executive council, or continental congress.

SECT. 20. The president, and in his absence the vice-president, with the
council, five of whom shall be a quorum, shall have power to appoint and
commissionate judges, naval officers, judge of the admiralty, attorney general
and all other officers, civil and military, except such as are chosen by the
general assembly or the people, agreeable to this frame of government, and the
laws that may be made hereafter; and shall supply every vacancy in any office,
occasioned by death, resignation, removal or disqualification, until the office
can be filled in the time and manner directed by law or this constitution. They
are to correspond with other states, and transact business with the officers of
government, civil and military; and to prepare such business as may appear to
them necessary to lay before the general assembly. They shall sit as judges, to
hear and determine on impeachments, taking to their assistance for advice only,
the justices of the supreme court. And shall have power to grant pardons and
remit fines, in all cases whatsoever, except in cases of impeachment; and in
cases of treason and murder, shall have power to grant reprieves, but not to
pardon, until the end of the next sessions of assembly; but there shall be no
remission or mitigation of punishments on impeachments, except by act of the
legislature; they are also to take care that the laws be faithfully executed;
they are to expedite the execution of such measures as may be resolved upon by
the general assembly; and they may draw upon the treasury for such sums as shall
be appropriated by the house: They may also lay embargoes, or prohibit the
exportation of any commodity, for any time, not exceeding thirty days, in the
recess of the house only: They may grant such licences, as shall be directed by
law, and shall have power to call together the general assembly when necessary,
before the day to which they shall stand adjourned. The president shall be
commander in chief of the forces of the state, but shall not command in person,
except advised thereto by the council, and then only so long as they shall
approve thereof. The president and council shall have a secretary, and keep fair
books of their proceedings, wherein any counsellor may enter his dissent, with
his reasons in support of it.

SECT. 21. All commissions shall be in the name, and by the authority of the
freemen of the commonwealth of Pennsylvania, sealed with the state seal, signed
by the president or vice-president, and attested by the secretary; which seal
shall be kept by the council.

SECT. 22. Every officer of state, whether judicial or executive, shall be
liable to be impeached by the general assembly, either when in office, or after
his resignation or removal for mar-administration: All impeachments shall be
before the president or vice-president and council, who shall hear and determine
the same.

SECT. 23. The judges of the supreme court of judicature shall have fixed
salaries, be commissioned for seven years only, though capable of re-appointment
at the end of that term, but removable for misbehaviour at any time by the
general assembly; they shall not be allowed to sit as members in the continental
congress, executive council, or general assembly, nor to hold any other office
civil or military, nor to take or receive fees or perquisites of any kind.

SECT. 24. The supreme court, and the several courts of common pleas of this
commonwealth, shall, besides the powers usually exercised by such courts, have
the powers of a court of chancery, so far as relates to the perpetuating
testimony, obtaining evidence from places not within this state, and the care of
the persons and estates of those who are non compotes mentis, and such other
powers as may be found necessary by future general assemblies, not inconsistent
with this constitution.

SECT. 25. Trials shall be by jury as heretofore: And it is recommended to the
legislature of this state, to provide by law against every corruption or
partiality in the choice, return, or appointment of juries.

SECT. 26. Courts of sessions, common pleas, and orphans courts shall be held
quarterly in each city and county; and the legislature shall have power to
establish all such other courts as they may judge for the good of the
inhabitants of the state. All courts shall be open, and justice shall be
impartially administered without corruption or unnecessary delay: All their
officers shall be paid an adequate but moderate compensation for their services:
And if any officer shall take greater or other fees than the law allows him,
either directly or indirectly, it shall ever after disqualify him from holding
any office in this state.

SECT. 27. All prosecutions shall commence in the name and by the authority of
the freemen of the commonwealth of Pennsylvania; and all indictments shall
conclude with these words, "Against the peace and dignity of the same." The
style of all process hereafter in this state shall be, The commonwealth of
Pennsylvania.

SECT. 28. The person of a debtor, where there is not a strong presumption of
fraud, shall not be continued in prison, after delivering Up, bona fide, all his
estate real and personal, for the use of his creditors, in such manner as shall
be hereafter regulated by law. All prisoners shall be bailable by sufficient
sureties, unless for capital offences, when the proof is evident, or presumption
great.

SECT. 29. Excessive bail shall not be exacted for bailable oflences: And all
fines shall be moderate.

SECT. 30. Justices of the peace shall be elected by the freeholders of each
city and county respectively, that is to say, two or more persons may be chosen
for each ward, township, or district, as the law shall hereafter direct: And
their names shall be returned to the president in council, who shall
commissionate one or more of them for each ward, township, or district so
returning, for seven years, removable for misconduct by the general assembly.
But if any city or county, ward, township, or district in this commonwealth,
shall hereafter incline to change the manner of appointing their justices of the
peace as settled in this article, the general assembly may make laws to regulate
the same, agreeable to the desire of a majority of the freeholders of the city
or county, ward, township, or district so applying. No justice of the peace
shall sit in the general assembly unless he first resigns his commission; nor
shall he be allowed to take any fees, nor any salary or allowance, except such
as the future legislature may grant.

SECT. 31. Sheriffs and coroners shall be elected annually in each city and
county, by the freemen; that is to say, two persons for each office, one of whom
for each, is to be commissioned by the President in council. No person shall
continue in the office of sherlit more than three successive years, or be
capable of being again elected during four years afterwards. The election shall
be held at the same time and place appointed for the election of
representatives: And the commissioners and assessors, and other officers chosen
by the people, shall also be then and there elected, as has been usual
heretofore, until altered or otherwise regulated by the future legislature of
this state.

SECT. 32. All elections, whether by the people or in general assembly, shall
be by ballot, free and voluntary: And any elector, who shall receive any gift or
reward for his vote, in meat, drink, monies, or otherwise, shall forfeit his
right to elect for that time, and suffer such other penalties as future laws
shall direct. And any person who shall directly or indirectly give, promise, or
bestow any such rewards to be elected, shall be thereby rendered incapable to
serve for the ensuing year.

SECT. 33. All fees, licence money, fines and forfeitures heretofore granted,
or paid to the governor, or his deputies for the support of government, shall
hereafter be paid into the public treasury, unless altered or abolished by the
future legislature.

SECT. 34. A register's office for the probate of wills and granting letters
of administration, and an office for the recording of deeds, shall be kept in
each city and county: The officers to be appointed by the general assembly,
removable at their pleasure, and to be commissioned by the president in council.

SECT. 35. The printing presses shall be free to every person who undertakes
to examine the proceedings of the legislature, or any part of government.

SECT. 36. As every freeman to preserve his independence, (if without a
sufficient estate) ought to have some profession, calling, trade or farm,
whereby he may honestly subsist, there can be no necessity for, nor use in
establishing offices of profit, the usual effects of which are dependence and
servility unbecoming freemen, in the possessors and expectants; faction,
contention, corruption, and disorder among the people. But if any man is called
into public service; to the prejudice of his-private affairs, he has a right to
a reasonable compensation: And whenever an office, through increase of fees or
otherwise, becomes so profitable as to occasion many to apply for it, the
profits ought to be lessened by the legislature.

SECT. 37. The future legislature of this state, shall regulate intails in
such a manner as to prevent perpetuities.

SECT. 38. The penal laws as heretofore used shall be reformed by the
legislature of this state, as soon as may be, and punishments made in some cases
less sanguinary, and in general more proportionate to the crimes.

SECT. 39. To deter more effectually from the commission of crimes by
continued visible punishments of long duration, and to make sanguinary
punishments less necessary; houses ought to be provided for punishing by hard
labour, those who shall be convicted of crimes not capital; wherein the
criminals shall be imployed for the benefit of the public, or for reparation of
injuries done to private persons: And all persons at proper times shall be
admitted to see the prisoners at their labour.

SECT. 40. Every officer, whether judicial, executive or military, in
authority under this commonwealth, shall take the following oath or affirmation
of allegiance, and general oath of office before he enters on the execution of
his office.

THE OATH OR AFFIRMATION OF ALLEGIANCE

I do swear (or affirm) that I will be true and faithful to the commonwealth
of Pennsylvania: And that I will not directly or indirectly do any act or thing
prejudicial or injurious to the constitution or government thereof, as
established by the-convention. -

THE OATH OR AFFIRMATION OF OFFICE

I-do swear (or affirm) that I will faithfully execute the office of for the
of-and will do equal right and justice to all men, to the best of my judgment
and abilities, according to law.

SECT. 41. NO public tax, custom or contribution shall be imposed upon, or
paid by the people of this state, except by a law for that purpose: And before
any law be made for raising it, the purpose for which any tax is to be raised
ought to appear clearly to the legislature to be of more service to the
community than the money would be, if not collected; which being well observed,
taxes can never be burthens.

SECT. 42. Every foreigner of good character who comes to settle in this
state, having first taken an oath or affirmation of allegiance to the same, may
purchase, or by other just means acquire, hold, and transfer land or other real
estate; and after one year's residence, shall be deemed a free denizen thereof,
and entitled to all the rights of a natural born subject of this state, except
that he shall not be capable of being elected a representative until after two
years residence.

SECT. 43. The inhabitants of this state shall have liberty to fowl and hunt
in seasonable times on the lands they hold, and on all other lands therein not
inclosed; and in like manner to fish in all boatable waters, and others not
private property

SECT. 44. A school or schools shall be established in each county by the
legislature, for the convenient instruction of youth, with such salaries to the
masters paid by the public, as may enable them to instruct youth at low prices:
And all useful learning shall be duly encouraged and promoted In one or more
universities.

SECT. 45. Laws for the encouragement of virtue, and prevention of vice and
immorality, shall be made and constantly kept in force, and provision shall be
made for their due execution: And all religious societies or bodies of men
heretofore united or incorporated for the advancement of religion or learning,
or for other pious and charitable purposes, shall be encouraged and protected in
the enjoyment of the privileges, immunities and estates which they were
accustomed to enjoy, or could of right have enjoyed, under the laws and former
constitution of this state.

SECT. 46. The declaration of rights is hereby declared to be a part of the
constitution of this commonwealth, and ought never to be violated on any
presence whatever.

SECT. 47. In order that the freedom of the commonwealth may be preserved
inviolate forever, there shall be chosen by ballot by the freemen in each city
and county respectively, on the second Tuesday in October, in the Year one
thousand seven hundred and eighty-three, and on the second Tuesday in October,
in every seventh year thereafter, two persons in each city and county of this
state, to be called the COUNCIL OF CENSORS; who shall meet together on the
second Monday of November next ensuing their election; the majority of whom
shall be a quorum in every case, except as to calling a convention, in which
two-thirds of the whole number elected shall agree: And whose duty it shall be
to enquire whether the constitution has been preserved inviolate in every part;
and whether the legislative and executive branches of government have performed
their duty as guardians of the people, or assumed to themselves, or exercised
other or greater powers than they are intitled to by the constitution: They are
also to enquire whether the public taxes have been justly laid and collected in
all parts of this commonwealth, in what manner the public monies have been
disposed of, and whether the laws have been duly executed. For these purposes
they shall have power to send for persons, papers, and records; they shall have
authority to pass public censures, to order impeachments, and to recommend to
the legislature the repealing such laws as appear to them to have been enacted
contrary to the principles of the constitution. These powers they shall continue
to have, for and during the space of one year from the day of their election and
no longer: The said council of censors shall also have power to call a
convention, to meet within too years after their sitting, if there appear to
them an absolute necessity of amending any article of the constitution which may
be defective, explaining such as may be thought not clearly expressed, and of
adding such as are necessary for the preservation of the rights and happiness of
the people: But the articles to be amended, and the amendments proposed, and
such articles as are proposed to be added or abolished, shall be promulgated at
least six months before the day appointed for the election of such convention,
for the previous consideration of the people, that they may have an opportunity
of instructing their delegates on the subject.

Passed in Convention the 28th day of September, 1776, and signed by their
order.

BENJ. FRANKLIN, Prest.

(1) The Proceedings Relative to Calling the Conventions of 1776
and 1790 the Minutes of the Convention that formed the present Constitution of
Pennsylvania together with the Charter to William Penn the Constitutions of 1776
and 1790 and a view of the Proceedings of the Convention of 1776 and the Council
of Censors. Harrisburg: Printed by John S. Wiestling Market Street, 1825. pp.
3S4. Index.

The Constitution of the Commonwealth of Pennsylvania as established by the
General Convention carefully compared with the original to which is added a
Report of the Committee appointed to enquire Whether the Constitution has been
preserved inviolate in every Part and whether the legislative and executive
branches of Government, have performed their duty as Guardians of the People or
assumed to themselves or exercised other or greater Powers. than they are
entitled to by the Constitution.

As adopted by the Council of Censors Published by their Order. Philadelphia:
Printed by Francis Bailey, at Yorick s Head in Market Street. M, DCC.LXXXIV. pp.
64.

This constitution was framed by a convention (called in accordance with the
expressed wish of the Continental Congress) which assembled at Philadelphia July
15 1776 and completed its labors September 28 1776. It was not submitted to the
people for ratification.

Source:The Federal and State Constitutions Colonial
Charters, and Other Organic Laws of the States, Territories, and Colonies Now or
Heretofore Forming the United States of AmericaCompiled and Edited Under the
Act of Congress of June 30, 1906 by Francis Newton ThorpeWashington, DC :
Government Printing Office, 1909.